|     printer icon  Printer-friendly version of this page

2014 California Rules of Court

Rule 5.542. Rehearing of proceedings before referees

(a) Application for rehearing (§ 252)

An application for a rehearing of a proceeding before a referee not acting as a temporary judge may be made by the child, parent, or guardian at any time before the expiration of 10 calendar days after service of a copy of the order and findings. The application may be directed to all, or any specified part of, the order or findings and must contain a brief statement of the factual or legal reasons for requesting the rehearing.

(Subd (a) amended effective January 1, 2007.)

(b) If no formal record (§ 252)

A rehearing must be granted if proceedings before the referee were not recorded by an official court reporter or other authorized reporting procedure.

(Subd (b) amended effective January 1, 2007.)

(c) Hearing with court reporter (§ 252)

If the proceedings before the referee have been recorded by an official court reporter or other authorized reporting procedure, the judge of the juvenile court may, after reading the transcript of the proceedings, grant or deny the application for rehearing. If the application is not denied within 20 calendar days following the date of receipt of the application, or within 45 calendar days if the court for good cause extends the time, the application must be deemed granted.

(Subd (c) amended effective January 1, 2007.)

(d) Rehearing on motion of judge (§ 253)

Notwithstanding (a), at any time within 20 court days after a hearing before a referee, the judge, on the judge's own motion, may order a rehearing.

(Subd (d) amended effective January 1, 2007.)

(e) Hearing de novo (§ 254)

Rehearings of matters heard before a referee must be conducted de novo before a judge of the juvenile court. A rehearing of a detention hearing must be held within two court days after the rehearing is granted. A rehearing of other matters heard before a referee must be held within 10 court days after the rehearing is granted.

(Subd (e) amended effective January 1, 2007.)

(f) Advisement of appeal rights-rule 5.590

If the judge of the juvenile court denies an application for rehearing directed in whole or in part to issues arising during a contested jurisdiction hearing, the judge must advise, either orally or in writing, the child and the parent or guardian of all of the following:

(1)The right of the child, parent, or guardian to appeal from the court's judgment;

(2)The necessary steps and time for taking an appeal;

(3)The right of an indigent appellant to have counsel appointed by the reviewing court; and

(4)The right of an indigent appellant to be provided a free copy of the transcript.

(Subd (f) amended effective January 1, 2007.)

Rule 5.542 amended and renumbered effective January 1, 2007; adopted as rule 1418 effective January 1, 1991.

[ Back to Top ]